Back in May, the National Telecommunications & Information Administration (NTIA) issued a Notice of Inquiry (NOI) seeking public comments and recommendations from stakeholders on its international internet policy priorities. Among other issues, NTIA sought comment on: 1) challenges to the free flow of information online, 2) the multistakeholder approach to internet governance, and 3) privacy and security. Last week, Public Knowledge submitted its comments in response to NTIA’s public notice. If you’re interested in what we had to say, but not so interested in churning through 10 pages of policy analysis, then please enjoy this high-level summary of our comments submission.
As we have previously outlined in detail, sustainability management provides a useful conceptual framework for crafting forward-looking cybersecurity policy. A sustainable approach to cybersecurity involves, among other things, acknowledging that cybersecurity is a shared responsibility, framing business choices that prioritize security as investments, and engaging broadly in risk management practices. The Internet of Things (IoT) ecosystem has reached (or, arguably, passed) an inflection point in its development, and a sustainability-based security baseline for consumer-facing IoT is past due.
Back in 2011, the Federal Trade Commission alleged that Facebook deceived consumers by failing to keep its promises to protect user privacy. The two parties agreed to settle the charges through something called an “agreement containing consent order.” The Commission also signed a consent agreement with Google that same year. The FTC issued a final Decision and Consent Order regarding the Facebook allegations in 2012. (A consent order is an FTC enforcement tool that operates like a legal settlement.) Without admitting to the complaint’s counts, the parties involved signed a document that basically says, “we both agree to enter this agreement to resolve the allegations in the complaint, so now you have to do the following things, and if you fail to do any of them, the FTC is going to impose financial penalties.”
For nearly three months last summer, the sensitive personal data of more than 145 million American consumers was exposed to bad actors thanks to some “ham-fisted” behavior on the part of credit reporting giant, Equifax. Americans were outraged, and lawmakers began to scrutinize Equifax’s behavior during the breach, including three Equifax senior executives selling shares worth almost $1.8 million in the days after the company discovered the hack.